However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On December 2, 2015, the Defendant, at the office of the Defendant located in the 3rd floor of Gangnam-si, set up a standard contract for the collection of earth and rocks with the victim C’s vice president D, “it has a private construction business right, and is expected to permit the collection of earth and rocks from Gangnam-si, immediately, and is expected to do so.”

Then, on December 3, 2015, the Defendant made a false statement that “Around December 3, 2015, the Defendant sent a phone call to D and borrowed money for the construction project design service cost, which is required to be repaid by March 31, 2016.”

However, the defendant did not apply for permission to collect earth and stones at the time of the borrowing of money from the victim, but did not use the money borrowed from the victim as the design service cost, and there was no intention or ability to repay the money even if he borrowed money without any special property or income.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 23 million from the victim as the design service cost on December 9, 2015, from the victim, to the Agricultural Cooperative (F) account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The certificate, details of certification, and details of transfer of funds;

1. Standard contract statement and estimate for private construction works;

1. Application of Acts and subordinate statutes to investigation reports (permission of collection of earth and stone submitted by a suspect and attachment of related materials);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the fraud crime;